Days after the (Federal Supreme Court), the (Superior Military Court) approved three resolutions to modify and increase funds paid to Military Justice magistrates in order to allow them to continue receiving amounts above the constitutional ceiling of R$46 thousand per month.
The approval occurred without the court having estimated the budgetary impact of the changes, according to the press office. The STM defended, in a note, that other funds are being eliminated, such as compensatory leave and birth aid, and that the new resolutions make the amounts appropriate by the Supreme Court.
The basic remuneration of STM ministers, not including frills, is around R$44,000.
The Supreme Court’s judgment, on March 25, limited the payment of penduricalhos (extra funds approved by the Judiciary and Public Ministry to enable salaries above the constitutional ceiling). stated that there was an “anomalous multiplication” of funds classified as compensation, which, in practice, would function as salary supplements.
Additional payments such as Christmas aid, food and fuel, for example, were eliminated. Among the allowed funds is the bonus for cumulative exercise of jurisdiction, an additional payment paid to the magistrate who combines his normal functions with others.
The STM, the highest body of Military Justice, approved on April 10 a resolution to change the rules applied to this bonus and expand its scope, allowing more judges and ministers to receive them. The amount as well, which excluded it from the salary cap and avoids paying Income Tax.
Internal audit functions began to be considered for the payment of this bonus, as well as the performance in the court of honor, the administrative body responsible for judging cases regarding non-compliance with the morals and ethics of military personnel, such as the loss of position of seven of them on January 8, 2023.
Another activity that will entitle you to the additional benefit is acting as a guarantee judge, who controls the legality of investigations, such as authorizing breaches of confidentiality and search and seizure actions. This function is performed before the complaint is filed, when the report of the criminal case passes to a judge who did not participate in the evidence collection phase.
The separation emerged as a response from Congress to Operation Lava Jato in 2019, within the “anti-crime package” of the former judge and then Minister of Justice. He was accused by the STF of having coordinated the investigation together with the Public Ministry’s task force to accuse and denounce politicians such as the president (PT). Moro denies irregularities in the handling of the case.
This division of tasks was validated by the STF in 2023 and regulated by the Military Justice from August 1, 2025. The extra payment for those who exercise it, however, only appeared now, after the limitation imposed by the Supreme Court on other tasks.
The value of this bonus for accruing jurisdiction was increased by the STM from 33% of the salary to 35%, the limit defined by the STF for compensation funds. In the case of the minister who acts in trials in the court of honor or in the nucleus of the judge of guarantees, the increase will be R$ 15,400.
Furthermore, the Military Justice eliminated the need for the judge to act for at least three working days with an accumulation of functions to be entitled to payment and allowed immediate earnings.
On April 10, the STM also modified the “permanence allowance for military ministers” to extend payment to inactive ministers. Until then, the resolutions provided for payment only for those who continued to serve at the court, as a way of compensating them for remaining active despite already accumulating enough service time to migrate to the reserves.
The court stated, in a note, that payment to inactive employees is authorized by a provisional measure from 2001. The bonus is 5%, plus 5% for promotions that occur after being entitled to the benefit.
The court also said, in the note, that the approved resolutions are in line with what was decided by the STF and regulated by the Superior Council of Justice in conjunction with the Superior Council of the Public Ministry.
“The inclusion of work in the Court of Honor and the Guarantee Judge Unit as hypotheses of incidence for the purpose of paying the aforementioned bonus was done to adapt the rule to the reality of the Union’s Military Justice”, he stated.
In the note, the STM also said that the calculation on the budgetary impact of the approved resolutions is not ready. He stated that it is being prepared by the financial and budgetary sectors “with a view to the extinction of salary funds and the adjustment of others”.
